“TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES...”
This analysis describes what HubSpot's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This exclusion eliminates the categories of damages that typically constitute the largest portion of losses in technology disputes, sharply limiting practical recovery.
The updated terms establish that AI capabilities are foundational to HubSpot's platform and that Customer Data may be used to train AI models, subject to HubSpot's obligations under the agreement. Previously, the terms referenced machine learning data use; the revised language now explicitly frames this as AI model training. You can opt out of having your Customer Data used to train AI models by updating your settings in your HubSpot account, though opting out does not prevent you from using HubSpot AI features.
View change record →Even if HubSpot causes you significant harm, you cannot recover for lost profits, lost revenue, lost data, lost business opportunities, or any indirect, incidental, punitive, or consequential damages.
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"TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES...Excerpt from HubSpot's Terms of Service
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This exclusion eliminates the categories of damages that typically constitute the largest portion of losses in technology disputes, sharply limiting practical recovery.
Even if HubSpot causes you significant harm, you cannot recover for lost profits, lost revenue, lost data, lost business opportunities, or any indirect, incidental, punitive, or consequential damages.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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